POLAND Law and Practice Contributed by: Jaroslaw Kruk and Joanna Bogdanska, KW Kruk and Partners Law Firm
• retirement or disability benefits; • immovable property; and • other property rights of the debtor (ie, copy - right). Administrative Enforcement This type of enforcement is used in particular to enforce taxes, fines imposed by administrative authorities or social security contributions. 5.2 Enforcement of Foreign Judgments Recognition and Declaration of Enforceability of a Judgment In order to enforce a foreign judgment in Poland, it is necessary (depending on the subject matter of the case) to file an application for recognition of the judgment or to apply for a declaration of its enforceability by granting an enforcement clause to the judgment. The recognition of a foreign judgment in Poland means that a foreign court judgment has the same legal effect as a judgment of a Polish court, whereas a declaration of enforceability of the judgment is necessary if a party intends to conduct enforcement proceedings in Poland on the basis of the judgment. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination Right to Silence and Refusal to Disclose Information Under Polish law, a defendant in civil or criminal proceedings may invoke the constitutional right not to self-incriminate (Article 42(2) of the Consti - tution of Poland). This means a party cannot be compelled to provide information or documents that could expose them to criminal liability.
In civil cases, this privilege is more limited than in criminal proceedings. A party must clearly justify their refusal to comply with a court order on the basis that disclosure would directly risk criminal exposure. The court evaluates whether the refusal is proportionate and substantiated. Consequences and Inferences Unlike in criminal trials, civil courts may draw negative inferences from a party’s refusal to answer or provide information. This could influ - ence the court’s assessment of credibility or be considered when evaluating circumstantial evidence. However, the court cannot treat the silence as direct proof of liability. 6.2 Undermining the Privilege Over Communications Exempt From Discovery or Disclosure Scope of Legal Privilege in Poland In Poland, communications between a lawyer and their client are protected by professional secrecy. This covers all correspondence and documents exchanged for the purpose of legal advice or representation. Lawyers cannot be compelled to disclose such information, and breach of this duty is both unethical and criminally punishable. This privilege applies fully in both civil and crimi - nal matters and is generally exempt from disclo - sure obligations, including in the discovery-like procedures available under Polish law. The Fraud Exception However, this protection does not extend to com - munications made for the purpose of committing or concealing a crime, including fraud. If it can be shown that legal advice was used to further a fraudulent scheme, courts may disregard the privilege and admit such materials as evidence.
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